The above-captioned case was scheduled for hearing on September 4, 2001 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Wahlberg, Newbrook, Pearson and Burlingame were present.  The fire service was represented by Deputy State Fire Marshal Kevin Murphy of the State Fire Marshal’s Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Newbrook to grant the Applicant temporary relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT

During the September 4, 2001, hearing on this matter, the Board was advised and finds that the Applicant has proposed to utilize a portion of this facility as an educational occupancy.  Specifically, the Applicant plans to utilize three (3) rooms of this facility as classrooms for 30 children in the fifth and sixth grades.  The staff of this facility consists of two teachers, one principal and two teachers aides.  The Applicant sought relief from the provisions of NFPA 101 covering new schools.  However, the Applicant did not have a plan of action for review by the Board and the State Fire Marshal.  Accordingly, the Board granted the Applicant a three-week time variance in which to prepare a plan of action to be presented to the Board on September 25, 2001.  During the above time period, up to and including, September 25, 2001, the Applicant shall be allowed to continue to occupy this facility.

CONCLUSIONS AND VARIANCE REQUESTS

1. The Board hereby grants a time variance in order to allow the Applicant to prepare and submit, to the State Fire Marshal, a plan of action for the fire safety this facility.  The above plan of action shall be reviewed by the Board during its September 25, 2001 hearing.  During the period of time in which the Applicant is preparing this plan of action, the educational occupancy of this facility may be maintained.

STATUS OF DECISION AND APPEAL RIGHTS
	
This Decision represents a comprehensive, integrated plan of fire safety for the above-captioned facility under the above-cited use or occupancy.  Accordingly, every variance granted is conditioned upon the Applicant’s timely and continued compliance with all of the directives of the Board. Every variance granted is further conditioned upon the continued use or occupancy of this facility under the above-cited classification reviewed by the Board. (See: Board Rules and Regulations, section 6-2-17).
	
Failure of the Applicant to initially comply with the full Decision of the Board, within the stated time frame, shall void all variances granted herein. (See: Board Rules and Regulations, section 6-2-18)  In the event of complete, timely and continued compliance with the full Decision of the Board, the above cited variances shall be deemed to have vested in the above-captioned facility.  As long as this facility is in continued compliance with the full Decision of the Board, the above-cited variances shall remain with this facility in the absence of any change in use or occupancy mandating review under a separate classification of the Fire Code or a revision of the above-cited classification. (See: Board Rules and Regulations, section 6-2-19).  

Such changes in use or occupancy of this facility, or failure to continually comply with the Board’s Decision shall void all variances granted under the above-cited use or occupancy.  If such change creates a new use or occupancy as outlined in R.I.G.L. 23-28.1-6, all variances granted under the original use or occupancy are void and this facility shall be reviewed under the newly created use or occupancy. (See: Board Rules and Regulations, section 6-2-20).
	
The Applicant may appeal the Board’s Decision, within thirty (30) days of the mailing date of this Decision, by commencing an action against the State Fire Marshal in the Sixth division of the District Court.  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].